Legal Question in Personal Injury in New York
Trap door negligence
A maintenance worker left a trap door open in a tollbooth that I was sent to work in. Supervisors had prior knowledge to the trap door being left open, but I was not. Upon entry of the toolbooth, I fell into the hole, which is a 14ft drop to ground. I was able to get myself out before I fell the entire way, substaining injuries to my leg and back. I was out of work for approx. 1 month and then tried to go back to work for 3 days but was not able to work anymore due to the pain and by doctors request.
I was then fired from my job due to 'just cause'. I have been told by numerous people that I cannot file suit against my employer, but since I no longer work for them, would it be possible to file some kind of suit? I feel that I was sent to this booth due to the negligence of the supervisor and the maintenace worker. I do currently have a workers comp. case that they are disputing, saying that I am filing because I was fired.
4 Answers from Attorneys
Re: Trap door negligence
In addition to the prior answer, if your firing was solely due to your making a wc claim you may have a breach of employemnt claim. Speak to your attorney.
Re: Trap door negligence
Usually you may not sue your employer ... but many unions have provisions where they do not receive worker's compensations ... it is paid time and health coverage under the collective bargaining agreement.
Not sure how yours or the NYSBTA works.
Good Luck
RRG
Re: Trap door negligence
I would think you would have some type of suit against your employer, but I cannot tell you what kind without more information. You should consult an attorney who deals with employment issues, especially workers comp. It may well be that some more investigation needs to be done before you know who you can sue and what you can sue them for.
Re: Trap door negligence
You cannot sue your employer. Before any questions can be answered about a possible suit against someone, you need to provide the name of the owner of the tollbooth and what kind of work you were doing. You might have a law suit for failure to provide a safe place to work if the toll booth was not owned by your employer. If it was owned by your employer then there is probably no claim. Since the compensation carrier is contesting your claim, you should consult a lawyer who does workers' compensation cases and that lawyer should be able to explore the possibility of a law suit.
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